Situ Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7493 of 2016 Arising Out of PS.Case No. -181 Year- 2013 Thana -BHORE District- GOPALGANJ ====================================================== Situ Mishra son of Mani Nath Mishra, Resident of village- Sishayee, P.S.- Bhore, District- Gopalganj .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Sanjay Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with Bhore P.S. Case No. 181 of 2013 (G.R. No. 3783 of 2013) for offence under Section 395 of the Indian Penal Code. An allegation has been made that the petitioner and other accused persons have committed road robbery and snatched motorcycle of the Informant.

Learned counsel for the petitioner has submitted that the petitioner is in judicial custody since 2.11.2015 and till date no T.I. Parade has been conducted.

It appears that the petitioner has a long history of criminal cases of similar nature.

Patna High Court Cr.Misc. No.7493 of 2016 (3) dt.12-04-2016 Looking to the nature of custody, let the petitioner, namely, Situ Mishra, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gopalganj in connection with Bhore P.S. Case No. 181 of 2013 (G.R. No. 3783 of 2013), subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below.

In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Bhore police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been cancelled.

(Shivaji Pandey, J) Rishi/- U T